| forum selection clause | оговорка о подсудности A forum selection clause in a contract with a conflict of laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum. There are three types of clause: the reference might be to a particular court in a jurisdiction agreed upon by the parties (although, if the parties make a mistake as to the power of the nominated court to hear the matter, the civil procedures of the nominated jurisdiction will be applied to identify the appropriate court); or the clause might refer to a specific kind of dispute resolution process, such as mediation, arbitration (see arbitration clause, lex loci arbitri), or a hearing before a special referee; or the clause might refer to both, requiring a specific process to be carried out in a specific location. A simple forum selection clause covering both the proper law of the contract and the forum for resolving disputes might read: "This contract is governed by the laws of England and any dispute shall be finally resolved by the English courts." WK (Alexander Demidov) |